Practice Areas

FTPA is a multidisciplinary law firm that advises and represents clients across the complete range of business law matters.

FTPA is particularly well-known for managing complex files ans cases. Antoine Tchekoff, founding partner of FTPA, leads such transactions and is driven by a strategic vision and focuses on implemenenting relevant solutions in particularly difficult situations.

The combination of the firm’s capabilities allows us to adopt a global approach, aimed at optimizing solutions for our clients.

The firm has vast experience in a broad range of sectors allowing it to fully grasp practical issues faced by its clients, including companies, corporate groups, listed companies or directors and private individuals, associations or foundations.

Where necessary, we call on external specialists in areas requiring specific expertise.

The firm acts both in France and abroad.

 

Legal Expertise

Aviation Law

We regularly advise airline companies and businesses involved in:
• Aeronautics
• Purchases, sales and rentals of aircraft and related services and parts
• Air, land and maritime transport
• Transport infrastructure

We have also acquired significant experience in assisting air transport insurers as well as aircraft and helicopter constructors, particularly in connection with product liability and air transport accidents.

We also advise and assist our clients in matters relating to their dealings with the administrative and airport co-ordination authorities (DGAC, ACNUSA, COHOR agents, etc.).

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Banking and financial services

Our team advises and assists financial and banking/investment service providers and institutions both on all regulatory issues likely to arise. Our services include drafting and updating necessary documentation for the provision of their professional services. Our work also covers the contractual relationships between licensed service providers and their clients, in all respects from client documentation (including account agreements, financial services agreements or investment management mandates) or documentation relating to their professional /ethical rules (KYC procedures, operational/monitoring processes, marketing/distribution of financial products …)

We advise our banking/ institutional clients on recurring/topical changes in rules and regulations applying to all aspects of their businesses (AIFMD, UCITS, MIFs,,anti-money laundering and anti-terrorism financing regulations …)

We further advise in their dealings with regulatory bodies both in respect of licenses (both in terms of scope of services and type of financial products) and at all stages in banking/financial litigation (including pre-litigation work), before disciplinary authorities (Sanctions Committees of the French AMF or ACPR) and Courts.

Our experience and expertise in the sector also extends to offering efficient advice to our clients on the full spectrum of compliance issues (operations, business, products, etc.).

Dispute Resolution

Since its creation, FTPA has developed substantial experience and recognized expertise in dispute resolution, including the pre- and post-litigation phases, and particularly in the areas of mediation and arbitration, which today are the principal means of resolving international commercial disputes.

Our teams act before both French and European courts, and in certain cases, also before international courts alongside our local correspondents. Our dedicated team, specialized in local and international arbitration and mediation, both institutional and ad hoc, has in-depth knowledge and expertise of the rules and relevant practices, and a proven track record allowing us to act in all phases of the arbitral process.

We also assist our clients in matters brought before professional and administrative bodies in France and abroad, particularly on compliance and competition issues.

Members of our dispute resolution team have multicultural backgrounds, which can bekey in assisting and advising foreign clients or acting in cross-border disputes.

Our complete understanding of litigation matters allows us to recommend strategies to our clients that are tailored to their situation and expectations, particularly in resolving or preventing litigation and identifying /addressing potential risk areas. We are also called upon to act in recognizing and enforcing decisions (judgements and arbitral awards alike).

In addition, we have proven expertise in assisting clients in disputes over bank guarantees and complex technical litigation involving Court expert processes.

We also advise companies and their management on corporate liability matters.

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Employment Law

Our employment law practice endeavours to integrate the employment and welfare benefits systems as a management tool for enterprises .

We advise small and medium sized companies, as well as large French and international corporations across the full spectrum of employment and benefits issues, over compliance with laws and their application by the Courts, which constantly evolve, particularly with regard to optimizing salary scales, working hours and putting in place personalized solutions for executive officers.

With the support of lawyers in the firm’s other practice areas, our combined skills have allowed us to develop specific expertise in restructuring, in respect of employment law aspects of acquisitions, collective redundancies, and the information and consultation process involving employee representative bodies.

We also act for clients before different administrative bodies (work inspection, URSSAF, national healthcare entities, etc.) and various courts (employee claims court (conseils de prud’hommes), social security tribunal, administrative courts and at first instance and on appeal).

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Insolvency and restructuring

We advise on restructuring matters for companies and multinational groups facing challenging situations in a complex and constantly shifting environment.

Our approach to advising clients allows them to use the law as a tool to find solutions and develop their business.

We primarily assist companies (large corporations, SMEs, and occasionally small businesses) and their shareholders in France and abroad. We also act for debtors and buyers, as well as shareholders.

Drawing on the firm’s multidisciplinary skills, our specialized team offers proactive and skilled assistance, and has the ability to provide innovative solutions.

Our team is involved in all three types of a Court restructuring process: safeguard proceedings, administration /liquidation proceedings, as well as pre-insolvency procedures. We have developed specific expertise in managing proceedings whilst working closely with all relevant actors , including conciliators, Court administrators, liquidators and ad-hoc Court-appointed representatives, commercial courts, caretaker managers, trustees, etc.

Our aim is to share and discuss new ideas with our clients and provide continued support in every stage of their development.
We have developed specific expertise with regard to managing proceedings while working closely with all the legal entities involved, including conciliators, receivers, judicial representatives, commercial courts, interim managers, trustees, etc.

We aim to share inspirational new ideas with our clients and steadily support them throughout every stage of their development.

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Insurance and Mutual Insurance

We provide advisory and litigation assistance to insurance companies, pension and benefits institutions, as well as financial institutions in France and abroad, on regulatory matters specific to their business.

In particular, we have recognised expertise in mutual insurance law and in advising pension and benefits institutions, in implementing new provisions for group supplemental health plans that are now mandatory, and have advised a number of well-known organizations in this sector.

We also assist clients on matters relating to contracting and implementing insurance policies (policies’ coverage and exclusions, particularly liability or damages), including, in the case of a major incident, whether litigious or not, starting from the legal appraisal stage.

We regularly draw on the complementary skills of the firm in various other practice areas related to the insurance business, both in public and private law in relation to judicial or administrative bodies, as well as independent public authorities (AMF, ACPR, among others).

Intellectual Property Law

Our team has proven expertise across the full range of intellectual property issues, with capabilities to both advise and represent clients in dispute-related matters.

We assist French and international clients, mainly on legal issues related to trademarks, copyright, industrial designs and models, and patents.

Our broad set of skillsallows us to assist our clients in ensuring the efficient protection and defense of their intellectual property rights. We regularly act before the different intellectual property rights protection offices (INPI, EUIPO, OMPI).

We also assist in negotiating and drafting all types of industrial and intellectual property contracts.

We are involved in complex dispute resolution related to counterfeiting and unfair competition before both French courts and international courts, or in mediation or arbitration proceedings.

We further act before European Union courts (Tribunal and Court of Justice) and regularly work with customs officials to combat counterfeiting and ensure the protection of our clients’ rights.

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Marketing and Advertising

Led by Fabrice Lorvo, our marketing and advertising law team assists clients in France and abroad in their communications and marketing activities. Our services include advising on corporate communications (publicity, television broadcasting, public signs and billboards, social media and events) as well as pre-litigation issues and acting in litigation matters.

We regularly handle rights issues arising out of the commercial use of images and voicing (models, professional athletes, persons participating in public events, participants in audiovisual works …), the organization of events (in particular sports events) or in relation to sponsorship and broadcasting rights, restrictions to freedom of expression and privacy (public right to information, slander and defamation, etc), as well as web reputation issues.
Over the years, our team has acquired significant experience in this area and is particularly well-versed in adapting our recommendations to the ever changing landscape of the communications world, particularly in the context of the digital revolution.

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Media Law

We are very active in the audiovisual industry in which we advise both French and international clients as to the drafting of a wide range of agreements and the conduct of related negotiations.

We assist a number of artists, agents and producers in the cinema, animation, music and events fields, which enabled us to develop a comprehensive experience in relation to these industries.

In this regard, we have acquired a strong expertise in the acquisition and exploitation of rights (option and purchase agreements, assignment agreements), production, co-production and distribution (cinema, TV, audiovisual, VOD etc.) and approval of television shows formats.

We also assist our clients in relation to project financing (tax credit, grant of subsidies from the National Film and Moving Image Centre –“CNC”), guarantees and insurance (pledges, audits etc.), audits of chains of contractual rights or acquisition of film catalogues.

We also regularly handle pre-litigation cases, in particular before the Médiateur du cinéma, as well as various litigations which may arise in the context of disputes regarding ownership of rights, distribution or exploitation of the works.

Finally, we assist our clients on issues relating to theatrical distribution of films.

M&A and corporate law

We are involved in the initial legal structuring phase and in executing corporate finance transactions.

Our team advises clients (listed and private companies, growing companies and newly created businesses, investment funds, family-owned businesses) in all phases of their development in the following areas:

− Acquisitions and disposals of shares and assets (preparation and negotiation of offers, Term Sheets, share or asset purchase agreement, indemnification provisions, and preparation of all other documents for the implementation of these transactions)
− Sales of business
− Due Diligence (audits)
− Joint ventures and alliances
− Restructuring (mergers, asset disposals, spin-offs)
− Management of claims under the indemnification provisions
− Creation of companies
− Corporate governance
− General day-to-day corporate legal advice

Our team works closely with lawyers in other practice areas, particularly our tax, employment, insolvency and intellectual property teams, and draws on their cross-disciplinary skills to effectively respond to the multiple issues involved in corporate transactions.

Our clients are based both locally and abroad. We regularly work with our clients in French and in English, in particular in cross-border transactions. When needed, we are supported by a reliable network of international correspondents with which we have built strong relationships.

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New technologies

We have developed extensive expertise in the digital sector, particularly with regard to service providers’ liability, security policies, abusive SEO rankings, and infringement of rights relating to personality/internet reputation.

We assist clients in developing their businesses on the internet (selling products and services online, drafting service contracts entered into with their partners and clients, legal audits of websites, etc.).

We are retained both prior at a pre-litigation stage to prevent litigation as well as in litigation matters before courts or arbitrators.

Our clients are generally online merchants, publishers of software and innovative IT solutions. We also advise a other companies operating in a broad range of sectors where technology is key to the development of their business.

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Private equity

FTPA is involved on a regular basis in private equity and risk capital transactions (fund raising, cash-out transactions, shareholding acquisitions) and LBO/MBO, advising investors (funds, family offices, business angels), companies and/or their managers.

Our assistance covers all aspects of these transactions: legal and tax structuring, due diligence, drafting and negotiation of pre-contractual agreements (Term Sheets), investment agreements and shareholders’ agreements, issuance of complex securities (convertible bonds, shares with warrants attached, subscription warrants, redeemable bonds, etc.), managers and employees incentive plans (management package) etc.

Depending on the matter, we also rely on other areas of expertise of our firm (in particular, tax and employment) to ensure the optimal handling of cases.

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Public M&A and equity capital markets

Led by Alexandre Omaggio, our team has a strong expertise in securities laws.

We advise listed companies or investors for issuances of securities (public offerings, private placements), block trades, shareholders agreements and reorganizations.

Regarding tender offers (cash and/or exchange offers, squeeze out), we advise bidders as well as targets.

Our team also advises listed companies on all their corporate governance issues (e.g. managing directors’ compensation, regulated transactions, insider trading policies, representation of employees at the board), regulated information and share buy-backs.

We also assist listed companies in the preparation of shareholders meetings (in particular the preparation of financial authorizations) and of their annual reports.

Furthermore, our team advises sand assists clients (whether corporate or physical persons) at the very early stages of any investigation by the relevant AMF committee (preparing auditions, drafting detailed written submissions) and subsequently in the event of any process before the Sanctions committee of the AMF in particular for any alleged market manipulation or abuse (insider dealing or price/share manipulation infringements).

Lastly, we assist them, with the assistance of our tax and employment law teams, in the structuration and implementation of incentives for managing directors and employees (free shares, stock options etc.).

PUBLIC LAW

Our public law team provides assistance, advice and legal representation on a full range of legal issues to all kinds of public, private and international institutional entities.

In this capacity, we provide advisory, audit and litigation services to companies and public entities in relation to their contractual relationships both at the procurement and execution stages, and are involved in public financing, services and public works contracts, PPP, authorizations and agreements to occupy public property, grants and government aid.

We also defend the interests of our public and private sector clients in connection with various liability regimes, particularly in the area of public works and infrastructure.

We advise and defend public entities on a broad range of legal issues arising , from creating or modifying state-owned institutions and parastatal bodiesto public service institutions as well as, public sector audits and cultural heritage valuations.

Our public law team is involved in urban planning matters both on regulatory and operational matters. Our urban planning expertise also extends to commercial development issues. As such we advise promoters, developers, industrial groups and companies in implementing projects and in related litigation.

We advise our clients on all issues relating to projects which have a significant environmental component, including ICPE, decommissioning procedures, regulations related to polluted soil, drafting and negotiating environmental law clauses in contracts.

Our team strives to consistently provide clients with practical solutions that meet their needs, and that are in line with their specific organization and activity.

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REAL ESTATE AND CONSTRUCTION LAW

Our team advises clients in connection with real estate investments and particularly on acquisitions and transfers of real estate portfolios, real estate companies and business assets.

Recently, we advised a telecoms operator in completing the acquisition of a distribution network of more than 500 sales outlets.

We are also involved in drafting legal documentation for large industrial and infrastructure projects, particularly in the energy, transport and hotel sectors.

For example, we have been retained by an energy sector leader to all construction and operating agreements for a solar energy site.

Our expertise also extends to advising property management companies.

In addition, we advise contractors, project developers and companies in connection with their contractual undertakings and act for them in pre-litigation and dispute resolution before courts and arbitral tribunals.

Our practice is highly rated for its role in technically complex dispute resolution and expert witness procedures.

We are involved in matters covering a broad geographic range, including France, Europe, as well as Africa (Egypt, Algeria, Morocco, Mali, Mauritius, Senegal and South Africa) and the Middle East.

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Tax Law

We help our clients manage and resolve their tax issues. We primarily advise listed and private corporations, across a broad range of industry sectors.

Our tax lawyers work closely with teams in the firm’s other practice areas in structuring their advice and strategies, particularly in connection with mergers and acquisitions, private equity (including management packages), as well as in French and international restructuring matters.

We have also developed proven expertise in estate planning, and in the organization and transfer of family-owned assets, as well as in setting up real estate holding structures.

In addition, our team has extensive experience and know-how in managing tax disputes with the French tax authorities and in effectively advising clients on legislation that is frequently subject to changes.

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Specialized Expertise

TRUST LAW

As pioneers in this practice area in France, we assist our clients in trust law matters both as advisors as well as lawyer-trustees.

Our specialized team, led by Bruno Robin, a recognized practitioner in this area and one of the very first lawyers in France to have advocated for the fiduciary profession, has initiated some of most representative trusts set up so far, particularly in insolvency and pre-insolvency matters.

Bruno Robin acts in respect of solvent and insolvent enterprises, and has already been appointed as lawyer-trustee in multiple cases involving all sorts of assets representing several hundreds of millions of euros held under his responsibility.

In addition, Bruno Robin has written artciels and makes regular public presentations on this subject, including before the Magistrates of the financial affairs section of the Paris Court and Judges of the Nanterre Commercial Court.

Principal business sectors

  • Aeronautics and Transportation
  • Art law
  • Insurance
  • Distribution
  • Energy
  • Real Estate and Construction
  • Luxury
  • IT and Telecoms
  • Media, Entertainment and Sports
  • Banking and Financial Services
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